Allowed

Sindhu v. State of Kerala

Kerala HC17 May 2011Bail Appl./3371/2011

Case brief

AI extract

What is this about?

The High Court of Kerala considered a bail application by an accused woman charged under Sections 302 and 370 IPC for child abuse and custody offences. After hearing the petitioner and the prosecution, the court granted regular bail subject to specific stringent conditions regarding residence, interrogation, and passage of documents.

What did the court decide?

Regular bail granted with effect from 24.5.2011 on execution of bond with two sureties and compliance with stringent conditions including absence from Aluva limits.

Sindhu Vs State of Kerala — Child Custody and Guardianship | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN

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TUESDAY, THE 17TH MAY 2011 / 27TH VAISAKHA 1933

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Bail Appl..No. 3371 of 2011() ----------------------------------

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(CRIME NO.522/2011 OF ALUVA POLICE STATION, ERNAKULAM DISTRICT)

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PETITIONER/ACCUSED A1 --------------------------------

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SINDHU, AGED 37 YEARS, W/O.ADVOCATE JOSE KURIAN, ANANTASHRIMI (H), ASHOKAPURAM, ALUVA.

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BY ADV. SRI.S.RAJEEV

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RESPONDENT(S): COMPLAINANT --------------------------------------

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STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO.522/2011 OF ALUVA POLICE STATION, ERNAKULAM DISTRICT).

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BY PUBLIC PROSECUTOR SRI.C.K.SURESH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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svs

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N.K.BALAKRISHNAN, J.

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B.A. No.3371 OF 2011

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Dated this the 17^th day of May, 2011

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ORDER

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Petitioner is the 1^st accused in Crime No.522/2011 of Aluva Police Station. It was registered under Sections 302 r/w Section 34 IPC, Section 370 IPC and Section 26 of the Juvenile Justice (Care and Protection of Children) Act, 2000. Petitioner has been in custody since 25.02.2011. Her bail application was dismissed by the trial Court.

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The material allegations is that Accused Nos. 1 & 2 are wife and husband, bought an eleven year old girl child from Accused Nos. 3 and 4 on 22.2.2011 for their household work. Accused Nos. 1 and 2 inflicted grievous hurt to the above said girl by pouring boiled water on her face and body and also caused burn injuries on her body using burning cigarattes and caused scratches on her body using nails, caused stab injuries using forks etc. It is further alleged that accused Nos. 1 and 2 did not give proper food to the above said girl and the due to the severe injuries sustained and also due to starvation, the said girl

B.A.No.3371/11

succumbed to it.

Petitioner seeks regular bail.

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I have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and also gone through the available records.

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Since 25.02.2011 she has been in judicial custody. It is stated that charge sheet cannot be filed within 90 days. Thus considering the period of detention already undergone by the accused and in view of the submission made on behalf of the accused that she will abide any condition that may be imposed on him, the accused is granted bail with effect from 24.5.2011 subject to the following conditions:

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i. The accused shall execute a bond for Rs.3 lakhs with two solvent sureties for the like sum to the satisfaction of the concerned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.

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ii. The accused shall make herself available for interrogation by the investigating officer and that

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B.A.No.3371/11

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he should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders.

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iii. The accused shall produce her original passport before the learned Magistrate. If she is not having any valid passport, she should file an affidavit regarding the same before the learned Magistrate.

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iv. The accused will also file an affidavit that he will abide by all the conditions as mentioned above and that she will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the court or to any police officer or tamper with the evidence.

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v. The accused and the sureties shall not leave the jurisdiction of the learned Magistrate without the prior permission of the learned Magistrate.

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vi. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc.

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vii. Petitioner will furnish the correct residential address and should also make available land

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B.A.No.3371/11

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phone number/mobile number or contact number. The petitioner shall not shift the residence without intimating the Investigating Officer and the learned Magistrate.

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viii. Petitioner shall not enter the limits of Aluva Police Station.

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N.K. BALAKRISHNAN, JUDGE

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acd

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B.A.No.3371/11 5

Sindhu v. State of Kerala

Case brief

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What did the court decide?

Sindhu v. State of Kerala

Case brief

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